United States District Court, W.D. North Carolina, Charlotte Division
D. Whitney, Chief United States District Judge.
MATTER is before the Court on initial review of the
Complaint, (Doc. No. 1).Also pending are Plaintiff's
Application to Proceed in District Court Without Prepaying
Fees or Costs, (Doc. No. 2), Motion for Emergency Ex
Parte Hearing, (Doc. No. 4), and Motion to Consolidate,
(Doc. No. 6).
se Plaintiff purports to file suit under 18 U.S.C.
§ 241 and 42 U.S.C. § 3631. He names as Defendants
Legacy Ballantyne, LLC “Apartment Complex
Manager;” Crestmont at Ballantyne Apartments, LLP,
“Apt Complex Mgr (Legacy Ballantyne);” GCI
Residential, LLC, “Regional Manager of Apt
Complexes;” Connie Axiotis, “Apt Complex Manager,
” and Wendy Sikorski, “Regional, Apt Complex
Manager.” (Doc. No. 1 at 2). Plaintiff asserts that he
resides in Charlotte and that all of the Defendants are
located in Charlotte. He argues that the Court has federal
question jurisdiction pursuant to §§ 241 and 3631.
Addendum, Plaintiff attempts to replace pages 4 and 5 of the
Complaint with typewritten pages. (Doc. No. 3). Plaintiff
states his amended claim as follows, verbatim:
My Son's Mom Engaged me in many Years of Litigation
regarding custody of our Son! Without Going into any of the
Salacious Details in Summary, she dated several Lawyers along
the way, two of which Worked at the Same Matrimonial Law Firm
in NJ. The 1st Atty of the 3rd floor
finally got the Main Atty on the top floor to take her case,
they stretched it out for years, ended up getting married.
She has engaged into powerplay dirty tricks & tactics by
weaponizing this Lawfirm and unlimited resources financially
against me. She initially called this Apartment Manager
(Connie Axiotis) allured her into the conversation,
information manipulation starter. She talked the Mgr into
Sabotaging Visa Cards my Son's Mom was using to pay us
for Child Assistance/Support, Etc. These were Visa Cash Cards
(See Ex. Attached). This happened Jan-2018 and it was
baffling, confusing and caused serious issues with Evictions,
Etc. They kept trying these Trick Eviction (Techincality)
Tactics for several months. Many Court hearings. On July
2nd, in the final hearing, we prevailed (See
Attached)! Retaliation Accelerated!
(Doc. No. 3 at 4).
claims that the Defendants' actions injured him as
Due to the Circumstances described above; we did not realize
that much of what had happened btw Jan-2018 and July
2nd, 2018 was a Concocted Scheme Orchestrated,
Coordinated & Navigated by my Son's Mom! This was not
only extremely troubling, it was very disturbing! After we
prevailed in the July 2nd case, a false police
report was filed by my son's Mom stating some very
strange stuff which was designed for a happen chance
unfortunate result for me hoping for chaos and mayhem based
on her report. When the Officers came and discovered what had
just happened they were frustrated & have offered to be
witnesses. The very scary thing that happened after was the
Apartment Manager tried to stage a scene in order to have me
forcefully removed at her sole discretion or she could've
had me arrested. We ended up getting very lucky on that one
because my Son was Frightened and forced me to Call 911! Had
I not been the Annonymous 911 Caller, the Police stated to me
that would've have had to believe her! We got lucky
because they found the person she staged and was able to
interview him and once again, different officers, extremely
disturbed and troubled & want to be witnesses!
(Doc. No. 3 at 4).
seeks $775, 000 from the “main Corporation”
because they were “operating behind a Cloak of Secrecy
because they failed to cooperate in assisting a major utility
(Time Warner/ Spectrum) in getting a building permit to
repair a fractured cable in [Plaintiff's] residence that
was costly ($4, 000) where the Utility Company was paying
for it, ” which cost Plaintiff a “major income
stream (Trading Stock/Options/Select Clients)!” (Doc.
No. 3 at 4). Plaintiff filed a complaint and
“they” had their unethical attorney request a
special proceeding and the Court dismissed the case with
prejudice “due to the fact they didn't really
exist?! It was a non-existing entity” and the court
concluded that it lacked jurisdiction. (Doc. No. 3 at 4). The
same attorney then filed a “phony disguised
Eviction” against Plaintiff a week later and “An
Unlawful Order was Executed!” (Doc. No. 3 at 4).
MOTION TO PROCEED IN FORMA PAUPERIS
Court first addresses Plaintiff's motion to proceed
in forma pauperis. Plaintiff's affidavit shows
that he has no income or assets. (Doc. No. 2 at 1-3).
Plaintiff states that his son's mother and her husband
owe him $87, 000, Legacy at Ballantyne owes him $94, 000, and
Caudle & Spears, Loebsack & Brownlee owe him $77,
500. (Id. at 3). He claims that his special needs
adult son relies on him for support. (Id.). He has
not listed any monthly expenses. (Id. at 4-5). He
expects changes to his monthly expenses, assets, or
liabilities in the next year, stating “Reimbursement
during litigation I'm pursuing.” (Id. at
5). Plaintiff does not expect to have any expenses or
attorney's fees in conjunction with this lawsuit.
(Id.). He explains his inability to pay the costs of
these proceedings as follows: “I have been a victim of
a vindictive hate crime, riddled with cyber assaults,
sabotage, harassment, stalking, mainly my son's mom is
vindictively and stopped paying us child support & giving
us assistance.” (Id.). The Court is satisfied
that Plaintiff does not have sufficient funds to pay the
filing fee. The Court will, therefore, allow the motion and
permit Plaintiff to proceed in forma pauperis.